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On 31 July 2005, the Italian Government adopted a Code collecting and rationalising all existing provisions in the radio and television broadcasting sector on the basis of a specific delegation by Parliament contained in the so-called Gasparri law (see IRIS 2004-6: 12) which is still in force. The Code was adopted by a decreto legislativo (legislative decree) and has the same force as an ordinary law, with the possibility of directly amending existing legislation. The Code is divided into ten sections and is intended to replace the former regulatory regime of the sector. It does not apply to print...

On 12 May 2005 the Frankfurt Oberlandesgericht (Court of Appeal - OLG) ruled on a publicity measure specifically aimed at children. The Court had to decide on an urgent case brought by the Zentrale zur Bekämpfung unlauteren Wettbewerbs (centre for the prevention of unfair competition) concerning a special offer proposed by a sweet manufacturer, involving “milk tokens” printed on the sweet packets, some of which could be exchanged for bonuses. The applicant claimed the special offer exploited children's lack of experience of commercial matters, and that therefore the publicity stunt constituted...

Following a complaint by the Verbraucherzentrale Bundesverband e.V. (national consumer advice centre - VZBV), the Oberlandesgericht (regional appeal court - OLG) in Frankfurt am Main decided on 30 June 2005 that the Internet-based " Autokids-Club ", which was aimed at children and run by the car manufacturer Škoda, infringed competition law (case no. 6 U 168/04). On the website http://www.autokids.de/, children could apply for membership of the " Škoda Kinderclub Autokids ", which entitled them, amongst other things, to discounts at leisure parks and invitations to special events, some of which...

The National Assembly of the Republic of Serbia adopted the Law on Advertising at its session held on 14 September 2005, and it was published in the Official gazette of Serbia on 16 September 2005. The Law is based upon the expert draft of 2001 (see IRIS 2002-2: 15) and the proposal adopted by the Government of Serbia in 2004 (see IRIS 2005-3: 7), but it underwent some last minute changes prior to adoption. The Law has eleven chapters. The first chapter deals with general provisions, defining the subject matter of the law, the terms used therein as well as principles of advertising: freedom of...

On 7 September 2005, the European Parliament adopted a legislative resolution on the Commission's proposal for a recommendation on the protection of minors and human dignity and the right of reply in relation to the competitiveness of the European audiovisual and information services industry (see IRIS 2004-2: 6 and IRIS 2004-6: 5). Previous European legal instruments such as Council Directive 98/560/EC and Art. 22 of the TWF directive had already addressed these issues, albeit in a less extensive manner. This resolution's innovation lies in its scope: it is intended to cover recent technological...